rights and duties . com

Manitoba Estates Law Fees

The following partial excerpts from statutes, regulations and schedules to statutes contain some of the legal rules relating to fees relating to estates in the province of Manitoba. There are additional provisions, some of which may provide exceptions to the provisions below. Consequently, the following must not be relied upon as a complete briefing of the rules, nor as legal advice. For either of those, you should seek legal counsel from a lawyer licensed to practice in Manitoba whose preferred areas of practice include estates law.

Probate fees paid to the court:

The Law Fees and Probate Charge Act's Schedule provides:

CALCULATION OF CHARGE ON APPLICATION FOR PROBATE OR ADMINISTRATION

For the purposes of section 1.1, the charge payable by the estate of a deceased person on an application for probate or administration is the amount determined as follows:

1. For an application made during the period commencing on August 6, 1959 and ending on September 30, 1978:

(a) where the value of the property devolving is under $1,000. $7.

(b) where the value of the property devolving is $1,000. or more but less than $2,500. $8.

(c) where the value of the property devolving is $2,500. or more up to and including $5,000. $10.

(d) where the value of the property devolving is more than $5,000. and up to and including $20,000. $10., plus $2. for every $1000. of value or fraction thereof over $5,000.

(e) where the value of the property devolving is more than $20,000. $40., plus $3. for every additional $1,000. of value or fraction thereof.

Legal fees paid to the lawyer:

Court of Queen's Bench Rules provide:

74.14(4) Where the personal representative is not a lawyer, a trust company or the public trustee, the fee payable to the lawyer retained by the personal representative is:

On the first $10,000. or portion thereof of the aggregate value of the estate 3%

On the next $90,000. or portion thereof 2%

On the next $200,000. or portion thereof 1%

On the excess over $300,000. additional fees may be charged, and the amount is to be determined by the time spent, the complexity of the matter, the results achieved and the value of the estate.

Small estates:

The Court of Queen's Bench Surrogate Practice Act provides:

Summary administration of small estates

47(1) Where it appears to the court that the total value of all the property of a deceased does not exceed $10,000. so far as can be reasonably ascertained, the court, without the grant of probate or administration, may order that the personal property be paid or delivered to such person as the court directs, to be disposed of by him as the court directs in

(a) paying the reasonable funeral expenses;

(b) paying the debts of the deceased; and

(c) paying over any balance in accordance with the terms of the will, if any, or to the next of kin, or if there is no next of kin or if none can be conveniently found, paying over the balance to the Minister of Finance to be credited to the Consolidated Fund;

and may order that the real property be vested in such person as the court directs and that the proceeds therefrom be disposed of as provided in clauses (a), (b) and (c); and any such order dealing with the real property shall be conclusively deemed to be an order made under section 176 of The Real Property Act.

You may enjoy an article on Manitoba Power of Attorney rules.